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2016 (9) TMI 473 - CESTAT NEW DELHI

2016 (9) TMI 473 - CESTAT NEW DELHI - TMI - Revocation of CHA licence - Regulation 22(7) of the Customs House Agent Licensing Regulations 2004 - forefeiture of security deposit - CHA Regulation No. 22(5) - Madras High Court judgment in the case of AM Ahmad Co. vs CC Chennai [2014 (9) TMI 237 - MADRAS HIGH COURT] is relied upon. - Held that: - At the conclusion of the inquiry, the Deputy Commissioner of Customs or Assistant Commissioner of Customs shall prepare a report of the inquiry recording h .....

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inal Order No. 52105 /2016 - Dated:- 8-6-2016 - Hon'ble Mr. S.K. Mohanty, Member ( Judicial ) And Hon ble Mr. R. K. Singh, Member ( Technical ) Mr. Rajesh Kumar for the Appellant Mr. S.K. Sheoran (DR) for the Respondent ORDER Per R. K. Singh Appeal has been filed against Commissioner of Customs New Delhi's order dated 15.06.2015 in terms of which CHA license of the appellant was revoked in terms of the Regulation 22(7) of the Customs House Agent Licensing Regulations 2004 as amended and .....

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03.2015 i.e. more than 21 months after the issuance of SCN under Regulation 22(1) ibid. He cited Madras High Court judgment in the case of AM Ahmad Co. vs CC Chennai 2014 (309) ELT 433 (Mad.) to contend that breach of time lines prescribed in CHALR is fatal to the impugned order. 3. Ld. DR on the other hand contended that the appellant had grossly violated CHALR and therefore punishment is commensurate with the gravity of the offence. However, he admitted that there has been breach of the timeli .....

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issuance of SCN under. CHA Regulation No. 22(5) states under: 5 At the conclusion of the inquiry, the Deputy Commissioner of Customs or Assistant Commissioner of Customs shall prepare a report of the inquiry recording his findings thereon submit the report within a period of 90 days from the date of issue of notice under sub-Regulation 1 . It is evident from the aforesaid sub Regulation that the inquiry officer was required to submit his report within 90 days of the issuance of notice under Regu .....

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issued by Commissioner more than 15 days after the date of hearing under Regulation 19(2) of the CBLR would be sustainable. The Delhi High Court held that such order would be sustainable. However, we find that there is a qualitative difference between the timeline prescribed in Regulation 19(2) of CBLR vis a vis timeline prescribed in regulation 22 of CHALR Regulation. 19(2) of CBLR and Regulation 22(5) of CHALR are reproduced below: 19(2) Where a licence is suspended under sub-regulation (1), t .....

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